Monday, January 12. 2009

Philippine Drug Enforcement Agency-9 (PDEA-9) Director Supt. Adzhar Albani has called on all prosecutors in the region to implement Circular Order No. 46 of the Department of Justice that requires automatic review of all drug cases that were dismissed while still in the hands of investigating prosecutors.

Albani disclosed that the circular order was issued by then Justice Secretary Simeon Datumanong in 2003.

He said the purpose of the circular order is for the state prosecutors to conduct automatic review on all dismissed drug cases.

Albani explained that PDEA’s function is to release all drug suspects when a dismissal order is issued by the investigating prosecutor. But under the circular order, PDEA has is authorized to detain the suspects pending the automatic review by the state prosecutors or DOJ officials.

Circular Order No. 46 clearly states that any drug case, especially selling of illegal drugs, should undergo further review despite a dismissal order issued by the investigating prosecutor.

Albani revealed that there have been several drug cases in the region that were dismissed by investigating prosecutors despite the evidences presented by PDEA.

With the existence of Circular Order No. 46, Albani said, drug cases that are dismissed will be reviewed automatically.

Last September, Albani wrote a letter to the Regional State Prosecutor asking for the implementation of Circular Order No. 46.

He said that the review of drug cases is very important because it can fully determine if indeed a case should be dismissed or it can prosper in court.